09-04-2025
In an unpublished decision, the Sixth Circuit upheld an employer’s right to fire an employee that it believed lied about his disability status. (Shawn Porter v. Jackson Township Highway Department)
Shawn Porter injured his shoulder and needed surgery. He started his FMLA leave on the date of his surgery. His doctor said Porter was “totally disabled” and unable to return to work for the next three months. Even when he returned, Porter would have restrictions requiring light duty. Shortly before the three months, Porter asked to return to work with light duty. His supervisor let Porter know that there were no light-duty assignments available. They placed him on unpaid leave. However, the Department heard that Porter had been doing manual labor while on leave. They hired a private investigator who saw Porter doing construction activities, including lifting, bending, and carrying. A few weeks later, Porter submitted another medical restriction note. The supervisor reported Porter’s alleged falsification of a disability and recommended his job termination. The Department fired him for being able to do more work than he claimed.
The Sixth Circuit considered Porter’s claim for FMLA retaliation, a claim dismissed by the lower court. The appellate court concluded that there was no evidence that the Department’s decision to fire Porter was pretextual. Porter asserted that his construction work was consistent with the limitations identified by his doctor’s note. However, the Department showed it “honestly believed” that Porter was untruthful about his limitations. This belief was based on the information from the private investigator, which included video recordings of Porter holding a concrete saw. To prevail, Porter had to show that the Department’s reliance on the video and its investigator was “unreasonable.” FMLA allows employers to investigate suspected abuse of leave. Porter failed to show that his employer was unreasonable.